Research On The Rule Of Law In Secret Investigation Measures

With the trend of more and more organized crime and hi-tech crime, conventional and open criminal investigation measures are facing unprecedented challenges. With the pressure of modern crime, the growing tend is that the criminal investigation organs are prone to combat crime initiatively. This trend makes secret investigation, which has special effects in the fight against and the prevention of crime, extensively used in investigation practice. At the same time, the secret investigative measures often hurt the citizen's legal rights, especially the personal privacy of the individual seriously because of its ease of infringement. Compared with the strict legislation of the implementation of secret investigation in Western countries, we don't have explicit legal regulation on the implementation of these measures. Therefore, how to build China's model of regulation on secret investigative measures become a hot academic research area. Domestic theoretical researches are focused on the individual measures like secret eavesdropping and temptation investigation. The descriptions of relevant foreign legal system are not based on the research of the whole system design and reform. This paper studies the secret investigation measures of developed countries comparatively, sums up relevant legislation values and principles, and explores the approaches of the regulation of secret investigation measure in our country combining actual situation.